and financial iSSueS in
Help your elderly clients get the services and
financial resources they need!
San Bernardino, california
June 7, 2010
J. Terrence Moynihan
The Moynihan Law Firm
D. Hershel Wilson
McClellan & Wilson
California MCLE for Paralegals - 6.0
Financial Planners - 7.0
CLE - 6.0
Guardian - 6.0
IACET - 0.6
CPE for Accountants/NASBA - 7.0
PACE - 7.0
See inside for details!
Your SatiSfaction iS our Guarantee!
SEM I N ARS • T EL ECON F EREN CES • W E BC ASTS
M P3 DO W N LOADS • ON - DEMAN D • AUDI O C DS • COURSE BOOkS
aBout this seminar
Protect Your Clients’ Assets and Provide the Services They Need
The cost of long-term care can consume a person’s assets if a carefully drafted estate plan is not in
place. This seminar will give you the skills required to create an estate plan that meets your clients’
needs. Become prepared - register today!
6 Benefits of attending
• Draft an estate plan to secure your clients future using our sample forms and letters.
• Ensure that the client’s wishes will be carried out - through appropriate asset titling, the will, a
durable power of attorney and advanced directives.
• Preserve the client’s assets through the use of irrevocable trusts, annuities, life insurance,
retirement accounts and gifting methods.
• Avoid ethical issues when representing elderly and incapacitated clients with due diligence.
• What does your client qualify for? Help your clients with their financial and estate planning by
learning how to differentiate between Medicare and Medicaid
• Don’t let excess assets impact Medicaid eligibility: advise clients on how to legally dispose
The specific continuing education credit(s) listed are for attending the live seminar. The credits may or
may not apply for the audio version of this seminar. Please check with your credit board for details.
For additional questions regarding continuing education credits, please contact us at 866-240-1890.
accountants - This is a basic-to-intermediate level program presented in a group live setting. Accountants should have
a basic understanding of financial issues related to long-term care. This course will:
- Generate an estate plan to secure clients future using sample forms and letters
- Describe how to ensure that the client’s wishes will be carried out - through appropriate asset titling, the will, a
durable power of attorney and advanced directives
- Explain how to avoid ethical issues when representing elderly and incapacitated clients with due diligence
Field(s) of Study -- Administrative Practice; Regulatory Ethics.
california mcle for Paralegals - 6.0 - This program meets the California MCLE Paralegal requirement as specified in
Business and Professions Code Section 6450(d).
Financial Planners - 7.0 - This program has been accepted by the CFP Board and qualifies for 7.0 hours of CE credit for
CFP Certificants. CFP™, CERTIFIED FINANCIAL PLANNER™ and CFP with flame logo are certification marks owned by the
Certified Financial Planner Board of Standards, Inc. These marks are awarded to individuals who successfully complete
the CFP Board’s initial and ongoing certification requirements.
cle - 6.0 - This activity has been approved for Minimum Continuing Legal Education credit by the State Bar of
California in the amount of 6.0 hours, of which 1.0 hour will apply to legal ethics. NBI, Inc. certifies this activity conforms
to the standards for approved education activities prescribed by the rules and regulations of the State Bar of California
governing minimum continuing legal education. NBI, Inc. is a State Bar of California approved MCLE provider - #53.
Self-study credit is available.
guardian - 6.0 - This activity has been approved by the Center for Guardianship Certification for 6.0 credit hours
including 1.0 hour of ethics continuing education credit.
NBI, Inc. has been approved as an Authorized Provider by the International Association for Continuing
Education and Training (IACET), 8405 Greensboro Drive, Suite 800, McLean, VA 22102. NBI, Inc. DBA
National Business Institute has awarded 0.6 CEUs to participants who successfully complete this
program. (Provider #4558)
NBI, Inc. is registered with the National Association of State Boards of Accountancy (NASBA) as a
sponsor of continuing professional education on the National Registry of CPE Sponsors. State
boards of accountancy have final authority on the acceptance of individual courses for CPE credit.
Complaints regarding registered sponsors may be addressed to the National Registry of CPE Sponsors,
150 Fourth Avenue North, Suite 700, Nashville, TN, 37219-2417. Web site: www.nasba.org. This program
is designed to qualify for 7.0 hours (based on 50 minute credit hour) of continuing professional education credit for
accountants. For more information regarding administrative policies such as complaint and refund, please contact our
offices at (800) 930-6182.
Pace - 7.0 - This seminar qualifies for 7.0 PACE (Professional Achievement in Continuing Education) credit hours for
CLU, RHU, REBC, CLF, CASL and/or ChFC.
800-930-6182 OR www.nbi-sems.com
i. WhaT To do When a sPouse is conFRonTing healTh issues –
The esTaTe Plan
9:00 - 10:15, J. Terrence Moynihan
A. Client Interview
B. How to Draft the Plan
C. Asset Titling – Deed, Bank Accounts and Life Insurance
D. Changing the Will to Exclude the Disabled Spouse
E. Durable Power of Attorney – Gift Giving Power
F. Advanced Directives
G. Sample Forms and Letters
ii. hoW To PRoTecT an eldeRlY clienT’s asseTs
10:30 - 11:45, J. Terrence Moynihan
A. Drafting the Irrevocable Trust
B. Impact of Medi-Cal Issues in Drafting Trusts
C. Transfer of Residence/Lifetime Right to Occupancy
D. Using Annuities, Life Insurance and Retirement Accounts in the Estate Plan
E. The DRA Comes to California - Asset Protection Changes
F. Income Tax Traps With Gifts
G. Avoiding the Pitfalls of Conservatorship Proceedings
iii. eThical consideRaTions When RePResenTing The eldeRlY clienT
12:45 - 1:45, J. Terrence Moynihan
A. Acting Within the Lawyer’s Expertise
B. Avoiding Conflict Between Spouses’ Interests
C. Competency of the Client
D. Maintaining Due Diligence in Completing Paperwork When Representing
the Elderly or Ill Client
iv. QualiFYing FoR medi-cal long-TeRm caRe PRogRams
1:45 - 3:15, D. Hershel Wilson
A. Where Medicare Stops and Medicaid Begins
B. Overview of the State Medicaid Programs
C. Categorically vs. Medically Needy
D. Medical Criteria – Level of Care Required to Become Eligible
E. Assessing a Client’s “Medical Need” and Level of Care for
Medicaid Qualification Purposes
F. Medicaid Planning Techniques
G. Financial Criteria for Single and Married Applicants
H. Exemptions for Protecting the Family Home
I. Qualified Medicare Beneficiaries
v. PReseRving FamilY asseTs When QualiFYing FoR medicaid
3:30 - 4:30, D. Hershel Wilson
A. Most Common Medicaid Misconceptions
B. Implications of Gifts During the Look Back Period
C. Options for “Spenddown” of Excess Property – Unique Problems Associated
With Disposal of Excess Assets
D. Myths About the “Spenddown” Requirement
E. Protecting Assets for a Disabled Child
F. Retroactive Benefits
G. Estate Recovery
*If needed, the above agenda may be changed to best accommodate all of our attendees.